The Board shall have the following powers and duties.
(A) The Board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator based on or made in the enforcement of any provision of this chapter or in the interpretation of district boundaries as shown on the Official Zoning Map.
(B) (1) The Board shall have the power to hear and decide appeals for variances from the specific terms of this chapter which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship; and, provided that, the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
(2) No variance from the terms of this chapter shall be granted unless the Board is satisfied that granting the variance:
(a) Is necessary to alleviate a demonstrable hardship or difficulty so great as to warrant the variance;
(b) Will not merely serve as a convenience to the applicant;
(c) Will not impair the general purpose and intent of the regulations and provisions contained in this chapter;
(d) Will not impair an adequate supply of light and air to adjacent properties;
(e) Will not increase the hazard from fire and other damages to said property;
(f) Will not diminish the value of land and buildings in the county;
(g) Will not increase the congestion and traffic hazards on public roads;
(h) Will not otherwise impair the public health, safety and general welfare of the inhabitants of the county;
(i) Is not based on the non-conforming use of neighboring lands, structures or buildings in the same district, and the permitted or non-conforming use of lands, structures or buildings in other districts is not grounds for the issuance of the variance; and
(j) Will not, under any circumstances, allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(C) The Board shall have the power to hear and decide only such appeals for conditional uses as the Board is specifically authorized to pass on by the term of this chapter; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this chapter; or to deny conditional uses when not in harmony with the purpose and intent of this chapter. In reviewing an application for a conditional use permit, findings based on the following criteria shall be made and serve as the basis for approval or denial of the request:
(1) Does the proposed use conform to the Land Use Policy Plan?
(2) Is the site suitable for the proposed use? Such factors as size and shape of the property, topographic conditions, soil conditions to support water and septic systems, accessibility to transportation facilities and soil erosion problems shall be considered.
(3) Is the proposed use compatible with surrounding property use? Such factors as the activities and function of the proposed use should be considered to determine if the proposed use conflicts with or reduces the usefulness or value or creates other negative impacts on adjoining property or properties in the general area, including public health, safety and welfare.
(4) Is the adjoining road system adequate to accommodate the proposed use in terms of the present traffic volume versus road capacity and the general condition of the road system?
(5) Can adequate measures be taken to minimize any potential adverse impacts on adjoining property? If so, stipulate such measures as required by the ordinance or special conditions that would be required.
(6) Does the conditional use comply with all conditions imposed on it by the provisions of the district in which such conditional use may be authorized?
(Ord. passed - -2010)